Effective Date: October 7, 2026
Last Updated: October 7, 2026
These Terms and Conditions (“Terms”) govern your access to and use of ibuyhouseswithfiredamageaustin.com (the “Website”) and services offered through the Website by I Buy Houses With Fire Damage Austin (“we,” “us,” or “our”).
By accessing the Website, submitting property information, requesting an offer, or otherwise interacting with our services, you agree to these Terms and acknowledge our Privacy Policy.
1. Purpose of the Website
The Website allows property owners and authorized representatives to submit information concerning real estate they may wish to sell, including:
- Fire-damaged property;
- Smoke-damaged property;
- Water-damaged property;
- Structurally damaged property;
- Distressed property;
- Vacant property;
- Tenant-occupied property;
- Inherited property;
- Probate or estate property;
- Property facing foreclosure;
- Property subject to liens;
- Property requiring cleanup;
- Property requiring substantial repairs;
- Multi-unit or commercial property where appropriate; and
- Other residential or investment property.
Depending on the property and transaction, we may:
- Evaluate the property;
- Purchase or seek to purchase it directly;
- Make a potential cash offer;
- Conduct or arrange due diligence;
- Coordinate cleanout where agreed;
- Enter into a purchase agreement;
- Acquire contractual, option, or equitable rights;
- Assign contractual rights where legally and contractually permitted;
- Work with licensed Texas real estate professionals where required; or
- Decline the opportunity.
Nothing displayed on the Website constitutes a binding offer to purchase real estate.
2. Direct Purchase Model
The Website expressly states that we focus on direct purchases and describes the transaction as involving no middleman.
Where we seek to purchase property for our own account:
- We act as a prospective principal purchaser;
- Our economic interests may differ from the seller’s;
- We may seek a price accounting for repairs, cleanup, holding costs, closing costs, risk, and investment return;
- We negotiate for our own economic interests unless a separate written relationship provides otherwise; and
- We do not automatically act as the seller’s broker, agent, fiduciary, appraiser, attorney, or adviser.
3. Our Role
Depending on the transaction, we may act as:
- A prospective principal purchaser;
- A real estate investor;
- A property-acquisition business;
- A contract purchaser;
- A holder of an option;
- A holder of contractual or equitable rights;
- An assignor where assignment is legally and contractually permitted;
- An affiliate or co-investor with another purchaser; or
- Another lawful transaction participant.
Our actual role depends on the transaction documents and conduct.
Unless separately and lawfully established, we do not act as your:
- Real estate broker;
- Seller’s agent;
- Attorney;
- Accountant;
- Tax adviser;
- Financial adviser;
- Insurance adviser;
- Public adjuster;
- Contractor;
- Engineer;
- Appraiser;
- Fiduciary;
- Housing counselor;
- Mortgage lender;
- Mortgage broker;
- Mortgage servicer;
- Loan-modification provider;
- Foreclosure consultant;
- Credit-services organization;
- Debt-relief provider; or
- Other professional adviser.
4. No Obligation to Sell
Submitting property information or requesting an offer does not obligate you to sell.
A Website form is an inquiry and is not a purchase agreement.
You may reject a proposed offer unless and until you enter into a legally enforceable transaction agreement, subject to applicable statutory or contractual rights.
5. No Obligation to Purchase
Submitting property information does not require us to:
- Inspect the property;
- Make an offer;
- Maintain a previous offer;
- Continue negotiations;
- Purchase the property; or
- Complete a transaction.
6. Eligibility and Authority
By using the Website or submitting property information, you represent that:
- You are at least 18 years old;
- You possess legal capacity to contract;
- Information you provide is materially accurate to the best of your knowledge;
- You own the property or are lawfully authorized to communicate concerning it; and
- Your use complies with applicable law.
Submission by one co-owner does not necessarily establish authority to bind every owner.
7. Agents, Wholesalers, and Other Representatives
The Website’s property form expressly allows a submitter to indicate that the submitter is:
- The property owner;
- An agent; or
- A wholesaler.
A person submitting information as an agent, wholesaler, contract holder, attorney-in-fact, trustee, personal representative, or other representative is responsible for having lawful authority to do so.
Nothing on the Website authorizes:
- Unlicensed brokerage;
- Misrepresentation of ownership;
- Unauthorized marketing of another person’s property;
- Unauthorized disclosure of property-owner information; or
- Violation of an existing contract.
8. Property Research
We may research:
- Ownership;
- Recorded deeds;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Property taxes;
- Foreclosure status;
- Property condition;
- Fire and smoke damage;
- Structural condition;
- Roof and foundation;
- Electrical and plumbing systems;
- Heating and cooling systems;
- Repairs;
- Building permits;
- Fire-damage repair permits;
- Trade permits;
- Code-enforcement records;
- Insurance claims;
- Tenant status;
- Probate;
- Comparable sales; and
- Other matters relevant to evaluating a transaction.
9. Property Assessments
The Website says offers are based on evaluation of property condition and fire damage.
An acquisition evaluation may include:
- Visual inspection;
- Photography;
- Contractor review;
- Structural review;
- Repair estimates;
- Environmental review;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review;
- Tenant review; and
- Other due diligence.
An evaluation conducted for our acquisition purposes is not automatically an inspection or professional report performed for the seller’s benefit and is not a warranty concerning property condition.
10. Website “No Inspections” Advertising
The Website presently advertises “no inspections.”
That statement should be understood as meaning the seller may not be required to arrange, finance, or satisfy a conventional retail-buyer inspection process.
It does not mean that:
- We waive all property access;
- We will never inspect or evaluate a property;
- Contractors or engineers will never evaluate damage;
- Title or governmental diligence will never occur; or
- An executed purchase agreement cannot provide for buyer due diligence.
Indeed, the Website itself states that our team evaluates the property before determining an offer.
11. Preliminary Offers
Any preliminary:
- Cash offer;
- Estimated offer;
- Property valuation;
- Price range;
- Repair estimate; or
- Similar statement
is non-binding unless incorporated into an enforceable written transaction agreement.
A preliminary offer may change following due diligence.
12. Offer Methodology
Potential offers may take into account:
- Current property condition;
- Fire and smoke damage;
- Structural damage;
- After-repair value;
- Comparable sales;
- Repair expenses;
- Cleanup and debris-removal costs;
- Permit expenses;
- Tenant or occupancy issues;
- Holding expenses;
- Property taxes;
- Insurance;
- Closing expenses;
- Market conditions;
- Risk; and
- Expected investment return.
No particular valuation method, purchase price, or investment result is guaranteed.
13. “Fair,” “Competitive,” and “True Value” Claims
The Website describes offers as fair and competitive.
Those statements describe intended marketing characteristics and do not guarantee that:
- An offer equals appraised fair market value;
- An offer equals repaired retail value;
- An offer exceeds every competing offer;
- No other purchaser would offer more;
- The seller could not achieve a higher net price by listing the property; or
- A particular valuation formula will be used.
The executed purchase agreement controls the actual price.
14. Binding Transactions
A binding real estate transaction arises only when applicable parties execute legally enforceable transaction documents.
Closing may depend on:
- Ownership verification;
- Authority to sell;
- Title;
- Mortgages and deeds of trust;
- Liens;
- Judgments;
- Taxes;
- Seller disclosures;
- Equitable-interest disclosures where applicable;
- Property access;
- Due diligence;
- Probate;
- Foreclosure status;
- Insurance;
- Tenant rights;
- Buyer funding;
- Austin permits or code issues;
- Closing requirements; and
- Other legal or contractual conditions.
15. Texas Seller’s Disclosure Notice
Texas Property Code § 5.008 generally requires the seller of residential real property containing not more than one dwelling unit to provide the purchaser with the statutory Seller’s Disclosure Notice or a substantially similar written notice containing the required information, subject to statutory exemptions.
A direct cash or investor purchase is not automatically exempt merely because:
- The buyer is an investor;
- The transaction is cash;
- The property is sold as-is;
- No real estate agent participates; or
- The parties want a fast closing.
16. Scope Is Not Every Property Type
Texas § 5.008 does not apply identically to every property advertised on this Website.
For example, the statutory section is specifically framed around qualifying residential real property containing not more than one dwelling unit.
Multi-unit buildings, commercial properties, vacant land, condominiums, executory contracts, homeowners-association properties, and other transactions may involve different or additional disclosure requirements.
The applicable law should be determined for the actual property.
17. Timing of the Texas Seller’s Disclosure
For a covered transaction, the Seller’s Disclosure Notice generally must be delivered to the purchaser on or before the effective date of the executory contract binding the purchaser to purchase the property.
Providing the notice before execution is often the cleanest operational approach.
18. Seven-Day Termination Right for Late Disclosure
If a covered purchase contract is entered without the required Seller’s Disclosure Notice having been timely provided, the purchaser generally may terminate the contract for any reason within seven days after receiving the notice.
Nothing in these Website Terms shortens that statutory right.
19. “Previous Fires” Is Expressly on the Texas Form
Texas’s statutory Seller’s Disclosure Notice expressly lists:
Previous Fires
as a condition requiring disclosure where applicable.
The form requires the seller to explain qualifying “yes” answers.
Fire damage therefore is expressly contemplated by Texas’s statutory seller-disclosure form.
20. Other Fire-Related Disclosure Categories
A structure fire may also affect disclosure concerning:
- Fire-detection equipment;
- Smoke detectors;
- Electrical systems;
- Natural-gas systems;
- Plumbing;
- Heating and cooling;
- Roof condition;
- Structural condition;
- Water damage;
- Foundation movement;
- Repairs;
- Environmental conditions; and
- Other items requiring repair or explanation.
A seller should answer the statutory form truthfully based on the seller’s knowledge.
21. Disclosure Is Not a Warranty
The Texas Seller’s Disclosure Notice states that it concerns the seller’s knowledge of property condition as of the date signed.
It is not:
- A warranty;
- A substitute for inspection; or
- A promise that no undisclosed condition exists.
The purchase agreement separately determines contractual representations and remedies.
22. Seller Disclosure Exemptions
Texas provides specific exemptions from § 5.008.
Depending on the facts, exemptions can include certain:
- Court-ordered or foreclosure transfers;
- Bankruptcy transfers;
- Transfers to a mortgagee or deed-of-trust beneficiary following default;
- Transfers following foreclosure or by deed in lieu;
- Fiduciary transfers during administration of an estate, guardianship, conservatorship, or trust;
- Transfers between co-owners;
- Transfers to a spouse or specified lineal family members;
- Divorce-related transfers;
- Governmental transfers;
- Sales of a new residence not previously occupied; and
- Transfers where the value of the dwelling is no more than five percent of the property’s value.
An exemption should be verified rather than assumed.
23. No Universal Fire-Document Package
Texas does not impose one universal rule requiring every residential seller automatically to deliver every:
- Fire-department report;
- Insurance claim file;
- Adjuster report;
- Contractor invoice;
- Engineering report;
- Photograph;
- Repair estimate;
- Permit;
- Restoration certificate; or
- Inspection report
to every buyer.
A particular document may nevertheless be:
- Relevant to explaining a disclosure;
- Required by contract;
- Requested during due diligence;
- Required by an insurer;
- Required by a lender;
- Required by Austin Development Services;
- Required by a title or closing professional; or
- Required under another law.
24. As-Is Transactions
The Website advertises purchase in the property’s existing or “as-is” condition.
“As-is” may mean the purchaser does not require the seller to perform repairs before closing.
It does not automatically eliminate:
- The § 5.008 Seller’s Disclosure Notice;
- Equitable-interest disclosures;
- Fraud or intentional misrepresentation claims;
- Contractual representations;
- Federal disclosure obligations;
- Foreclosure-consultant protections;
- Title obligations;
- Governmental orders;
- Tenant rights; or
- Other duties that cannot legally be waived.
25. No Universal Requirement to Repair Before Sale
Texas does not impose one statewide rule requiring every fire-damaged residence to be fully repaired before sale.
A damaged property may potentially be transferred as-is.
Separate:
- Austin building codes;
- Fire codes;
- Unsafe-building orders;
- Building permits;
- Electrical permits;
- Plumbing permits;
- Mechanical permits;
- Utility restrictions;
- Environmental requirements;
- Insurance obligations;
- Occupancy restrictions; and
- Contract provisions
may nevertheless affect the property.
26. Austin Fire-Damage Repair Permits
The City of Austin maintains a specific emergency repair process for fire and smoke damage.
For fire-damage repair where:
- Fire or smoke damaged the structure;
- Structural components require repair; and
- The existing footprint and layout will remain unchanged,
Austin may route the project through its emergency/Express Building Permit process.
27. Permit Required Before Debris Removal and Structural Build-Back
For qualifying fire-damage structural repair, Austin states that a building permit is required to:
- Remove damaged debris; and
- Rebuild the structure using the previous footprint and layout.
Accordingly, the Website’s statement that we handle cleanup should not be interpreted as permission to begin structural demolition or reconstruction without required permits.
28. Austin Express Permit Documentation
Austin’s current Express Permit process requires specified documents for qualifying fire or vehicle damage repair, including:
- A fire-incident report from insurance, fire, or police sources;
- Photographs of the damaged structure; and
- A Structural Verification Report stamped and dated by a Texas-registered engineer, or qualifying engineered drawings.
These are Austin permit-application documents.
They should not be misrepresented as a universal package that every seller must give every cash buyer.
29. Layout Changes Require Different Review
Austin’s Express Permit pathway for fire-damage repair assumes the existing floor plan is maintained.
If the reconstruction changes the floor plan or involves broader redevelopment, the appropriate full-review application may be required.
30. Gas, Electrical, Plumbing, and Mechanical Work
Fire damage can affect regulated trade systems.
Where required, qualifying:
- Gas work;
- Electrical work;
- Plumbing;
- Mechanical work; or
- Fire-protection work
must be performed under the appropriate permits and by appropriately authorized persons.
A property purchase does not eliminate those requirements.
31. Austin’s Current Building and Fire Codes
Austin’s current technical codes include locally amended versions of the:
- 2024 International Building Code;
- 2024 International Existing Building Code;
- 2024 International Residential Code;
- 2024 International Fire Code;
- 2024 International Property Maintenance Code; and
- Related technical codes.
Those codes became locally effective July 10, 2025.
Repair or reconstruction should comply with the code applicable to the actual project.
32. Floodplain, Historic, and Other Review
Austin notes that emergency and Express Permit timing can differ where property is:
- Within a floodplain;
- Within a historic district; or
- Otherwise subject to additional review.
A fast cash acquisition should therefore not assume that every fire-damaged property can be reconstructed through the same permit pathway.
33. Demolition
Where the investment plan involves total demolition or qualifying substantial partial demolition rather than in-kind fire repair, Austin’s separate demolition permitting requirements may apply.
Depending on the project, those requirements can involve:
- A demolition permit;
- Pre-demolition inspection;
- Notice to adjacent residential structures;
- Site-plan review for certain multifamily or commercial projects;
- Environmental requirements; and
- Other documentation.
34. Cleanup and Debris Removal
The Website says we handle cleanup and logistics.
Any cleanup involving:
- Structural demolition;
- Construction;
- Asbestos;
- Lead;
- Hazardous materials;
- Environmental remediation;
- Regulated waste; or
- Other licensed work
must comply with applicable permit, licensing, worker-safety, environmental, and disposal requirements.
Nothing in these Terms represents that we personally perform regulated contractor or remediation work unless lawfully authorized.
35. Contractors
Where Texas or Austin law requires a licensed or registered trade contractor, appropriately qualified persons should perform the regulated work.
The seller is not required to assume that our status as a prospective purchaser makes us a licensed:
- Electrician;
- Plumber;
- HVAC contractor;
- Engineer;
- Asbestos professional;
- Environmental consultant; or
- Other regulated professional.
36. Inspections and Due Diligence
A direct cash transaction does not prevent the purchaser from conducting due diligence permitted by the purchase agreement.
Due diligence may include:
- Visual inspection;
- Structural evaluation;
- Engineer review;
- Contractor estimates;
- Fire-damage assessment;
- Electrical evaluation;
- Environmental review;
- Mold investigation;
- Permit research;
- Code-enforcement research;
- Title review;
- Insurance review; and
- Other investigation.
37. Fast Offers and Closing Claims
The Website states that:
- Cash offers can be delivered quickly;
- Some transactions may move from evaluation to closing within a few days;
- Repairs are unnecessary; and
- The transaction is designed to proceed faster than a traditional listing.
These statements describe intended or possible transaction structures and are not guarantees.
Actual timing may depend on:
- Ownership;
- Title;
- Mortgages;
- Liens;
- Seller disclosure;
- Foreclosure;
- Probate;
- Insurance;
- Property access;
- Permits or City orders;
- Buyer funding;
- Closing-provider requirements; and
- Other circumstances.
38. No Agent Commissions and Fees
The Website advertises no traditional agent commissions and no hidden fees.
Where the seller completes a genuine direct transaction without a listing broker, a conventional listing commission may not apply.
If a licensed Texas real estate professional participates, compensation obligations will be determined by applicable:
- Representation agreements;
- Brokerage documents;
- Purchase agreements;
- Closing statements; and
- Texas law.
Any promise that the buyer will pay specified closing expenses is governed by the actual written transaction documents.
39. Texas Real Estate Licensing
Texas generally requires an appropriate license where a person performs regulated brokerage activities for another person for compensation or expected compensation.
The actual relationship and conduct control.
A genuine purchaser acting solely for its own account is differently situated from a person acting as an intermediary or broker for another.
40. Equitable Interests May Be Sold or Assigned Without a License Under Defined Conditions
Texas specifically provides that a person may acquire:
- An option; or
- An interest in a contract to purchase real property
and then sell the option or assign the contractual interest without holding a real estate license if:
- The person does not use the option or contract to engage in real estate brokerage; and
- The required written disclosures concerning the nature of the equitable interest are made.
This is a limited statutory pathway, not a blanket exemption from real estate licensing law.
41. Required Equitable-Interest Disclosure to a Potential Buyer
Before entering into a contract to sell an option or assign an interest in a purchase contract, Texas law requires written disclosure to the potential buyer that:
- The person is selling only an option or assigning a contract interest; and
- The person does not hold legal title to the real property.
42. Required Disclosure to the Property Owner
Texas law also requires written disclosure to the property owner that the contract holder intends to:
- Sell an option; or
- Assign an interest in the purchase contract.
A planned assignment therefore should not be concealed from the owner where the statute requires disclosure.
43. Failure to Disclose Can Become Brokerage Activity
Texas’s licensing statute provides that a person who sells or offers to sell an option or assigns or offers to assign a purchase-contract interest without making the required equitable-interest disclosure is engaging in real estate brokerage.
The disclosure requirement is therefore materially tied to licensing compliance.
44. Contractual or Equitable Interest Is Not Legal Title
Holding a:
- Purchase contract;
- Option;
- Assignment right; or
- Equitable interest
is different from holding record legal title.
A contract holder should not falsely state that:
- It owns legal title;
- It is the deed owner;
- Title has already transferred;
- It is selling the underlying property when it is only transferring contractual rights; or
- Its rights exceed those granted by the agreement.
45. Assignment Depends on the Contract
Texas’s equitable-interest statutes do not override the terms of the underlying purchase agreement.
Whether a purchase agreement may be assigned also depends on:
- Contract language;
- Anti-assignment provisions;
- Required consent;
- The nature of the contractual rights;
- Texas contract law;
- Real estate licensing law;
- Foreclosure-related law; and
- Other applicable requirements.
46. Website Direct-Buyer Representation
The Website expressly states that it focuses on direct purchases.
If a particular transaction is instead intended from the outset to be assigned or wholesaled, required equitable-interest disclosures should be given and the transaction documentation should accurately describe the actual role.
The Website should not promise a direct end-buyer transaction and then conceal a materially different assignment structure.
47. Foreclosure and Financial Distress
The Website may attract homeowners who are:
- Behind on mortgage payments;
- Facing foreclosure;
- Experiencing financial hardship; or
- Seeking a rapid sale.
We are not your:
- Mortgage lender;
- Mortgage servicer;
- Attorney;
- Financial adviser;
- Housing counselor;
- Mortgage broker;
- Loan-modification provider;
- Foreclosure consultant;
- Credit-services provider; or
- Debt-relief provider
unless a separate legally compliant relationship expressly establishes otherwise.
48. Texas Foreclosure Consulting Law
Texas separately regulates certain compensated residential foreclosure consulting services under Business & Commerce Code Chapter 21.
A person can become a foreclosure consultant when, for compensation, the person represents that services will:
- Prevent or postpone foreclosure;
- Obtain forbearance;
- Cure default;
- Obtain reinstatement;
- Extend a reinstatement period;
- Obtain waiver of acceleration;
- Obtain financing;
- Reduce foreclosure-related credit harm;
- Save a residence from foreclosure; or
- Perform other statutorily covered foreclosure services.
49. Foreclosure Consulting Contract Must Be Written
Where Chapter 21 applies, the foreclosure-consulting contract generally must be:
- In writing;
- Dated; and
- Signed by each homeowner and the foreclosure consultant.
The required statutory foreclosure-consultant notice must also be given before the consulting contract is entered.
50. Texas Foreclosure Consultant Cancellation Right
Texas’s statutory foreclosure-consultant notice tells the homeowner that the homeowner may cancel or rescind the foreclosure-consulting contract at any time, without penalty of any kind, subject to the statute’s provisions concerning repayment of specified money actually spent on the homeowner’s behalf.
This is different from a generic three-day investor-purchase cancellation period.
51. Foreclosure Consultant Cannot Demand a Transfer to Itself
Texas’s required statutory notice specifically warns that a covered foreclosure consultant or its associate cannot ask the homeowner to sign a document transferring an interest in the residence to the consultant or associate.
Accordingly, a business seeking to acquire a home directly should not simultaneously structure itself as the seller’s compensated foreclosure consultant in a manner prohibited by Chapter 21.
52. Foreclosure Consultant Compensation
A covered foreclosure consultant generally may not receive compensation until all promised consulting services have been fully performed unless the consultant satisfies the statute’s permitted surety-bond or surety-account alternative.
Consideration received from a third party in connection with consulting services must also be disclosed as required.
53. Other Foreclosure-Consultant Restrictions
A covered foreclosure consultant generally may not:
- Take a power of attorney from the homeowner except for the limited statutory document-inspection purpose;
- Acquire an interest in the homeowner’s property to secure payment of consulting compensation; or
- Take an assignment of wages to secure compensation.
54. Direct Purchase Versus Foreclosure Consulting
An ordinary bona fide purchase for the buyer’s own account should remain operationally distinct from a paid foreclosure-consulting relationship.
Transaction personnel should not blur those roles by:
- Charging the homeowner to obtain a loan modification;
- Promising to stop foreclosure for a consulting fee;
- Claiming to act for the lender;
- Charging to negotiate forbearance;
- Charging to cure the mortgage default; or
- Portraying the company as the homeowner’s professional foreclosure adviser while also seeking the deed.
55. Requesting an Offer Does Not Stop Foreclosure
Submitting a Website inquiry, receiving an offer, or negotiating a purchase does not automatically:
- Stop a foreclosure sale;
- Extend a foreclosure deadline;
- Cure default;
- Reinstate a loan;
- Modify a mortgage;
- Create forbearance; or
- Require a lender or servicer to delay enforcement.
Homeowners facing foreclosure should independently determine applicable deadlines.
56. No Foreclosure-Rescue Guarantees
Unless separately authorized and legally qualified, we do not represent that:
- We act for your lender;
- We act for your mortgage servicer;
- We act for Texas or the federal government;
- We guarantee foreclosure will stop;
- We guarantee a loan modification;
- We will negotiate your mortgage as your fiduciary or adviser;
- You should stop communicating with your lender;
- You should stop making legally required payments; or
- Selling to us is your only option.
57. Federal Mortgage-Assistance Rules
Where separate conduct constitutes mortgage-assistance-relief services under federal law, additional requirements may regulate:
- Advance fees;
- Advertising;
- Consumer notices;
- Communications with lenders or servicers; and
- Consumer acceptance.
58. Executory Contracts Are Different Transactions
Texas imposes extensive special rules on qualifying executory contracts for conveyance of residential property, including contract-for-deed and certain lease-option structures.
Those rules can include:
- Mandatory disclosures;
- Recording requirements;
- Cure rights;
- Cancellation rights;
- Title requirements; and
- Other protections.
An ordinary cash deed closing should not be confused with an executory contract.
59. Fourteen-Day Cancellation Right for Certain Executory Contracts
Where Texas Property Code Subchapter D applies to a covered executory contract for residential property, the purchaser generally may cancel the executory contract for any reason within 14 days after the contract date.
That rule concerns the purchaser under the qualifying executory contract.
It is not a general 14-day cancellation right for a homeowner selling property to a cash investor.
60. Probate, Estate, Trust, and Inherited Property
Submitting inherited, probate, estate, or trust property does not establish legal authority to sell.
A transaction may require:
- Executor authority;
- Administrator authority;
- Personal-representative authority;
- Trustee authority;
- Court documentation;
- Participation of heirs or beneficiaries;
- Appropriate deeds; or
- Other evidence of authority.
Certain fiduciary transfers may qualify for exemptions from § 5.008, but an exemption should be confirmed.
61. Insurance Claims and Fire-Damage Proceeds
A fire-damaged property may involve an open or completed insurance claim.
We do not act as your:
- Insurance company;
- Insurance agent;
- Public adjuster;
- Insurance attorney; or
- Insurance adviser
unless a separate legally compliant relationship expressly establishes otherwise.
Property owners are responsible for understanding:
- Insurance coverage;
- Proof-of-loss requirements;
- Claim deadlines;
- Insurance proceeds;
- Repair obligations;
- Mortgage-holder rights;
- Recoverable depreciation;
- Additional living expense issues;
- Assignment restrictions;
- Salvage rights; and
- Policy conditions.
62. Insurance Payout Information
The Website’s property form asks whether the homeowner received an insurance payout.
We may consider that information during property and transaction evaluation.
Providing insurance-payout information does not mean that:
- We own the insurance proceeds;
- Insurance rights automatically transfer with the real estate;
- The purchaser automatically receives a pending claim;
- The homeowner may freely assign insurance benefits; or
- The purchase price is dictated by the insurance payment.
63. Pending Insurance Claims
If property is sold while an insurance claim remains pending, the transaction documents should address the parties’ respective rights concerning:
- Existing proceeds;
- Supplemental proceeds;
- Recoverable depreciation;
- Future payments;
- Additional claims;
- Repair obligations;
- Salvage; and
- Related benefits.
64. Public Adjusting
Nothing on the Website constitutes public-adjusting services.
A homeowner seeking assistance negotiating an insurance claim should work with an appropriately licensed professional or attorney where required.
65. Tenant-Occupied Property
Sale of tenant-occupied Texas property does not itself automatically terminate a lawful lease.
A purchaser should evaluate:
- Existing leases;
- Month-to-month tenancies;
- Security deposits;
- Habitability conditions;
- Fire displacement;
- Required notices;
- Possession rights; and
- Applicable Texas and local law.
Vacant appearance following a fire should not automatically be treated as proof that all tenancy rights ended.
66. Condominiums and Property Owners’ Associations
Separate documents and statutory rights may apply where property is located in:
- A condominium;
- A residential subdivision;
- A homeowners’ association; or
- Another common-interest community.
The parties should evaluate applicable:
- Resale certificates;
- Governing documents;
- Assessments;
- Transfer restrictions;
- Insurance;
- Liens; and
- Association foreclosure issues.
67. Federal Lead-Based Paint Disclosure
Federal lead-based-paint disclosure requirements may apply to qualifying residential housing constructed before 1978.
Nothing on the Website replaces applicable federal requirements.
68. Telephone Communications
By providing a telephone number and requesting an offer, you authorize reasonable responsive communications concerning:
- Your property;
- Property research;
- Scheduling;
- Inspections;
- Offers;
- Follow-up; and
- Potential transactions.
Additional consent will be obtained where legally required before regulated automated, prerecorded, artificial-voice, or marketing communications are made.
69. Texas Recording Law
Texas generally permits a private person to record a wire, oral, or electronic communication where:
- The recorder is a party to the communication; or
- One participant has given prior consent,
provided the interception is not made for an unlawful purpose.
Because an interstate call may involve a jurisdiction requiring consent from all parties, additional notice or consent may be appropriate.
Where another applicable law is stricter, the stricter requirement controls.
70. Text Messages
If you provide a mobile telephone number and applicable consent, we may communicate by text concerning:
- Your inquiry;
- Your property;
- Scheduling;
- Inspections;
- Offers;
- Follow-up; and
- Potential transactions.
Where required, additional consent will be obtained before regulated automated or marketing messages are sent.
Consent to marketing communications is not a condition of receiving an offer or selling property where prohibited by law.
Message and data rates may apply.
Message frequency may vary.
Reply STOP to request that applicable messages stop.
71. Email Communications
By providing an email address, you authorize communications concerning:
- Your property;
- Potential offers;
- Inspections;
- Due diligence;
- Scheduling;
- Follow-up;
- Services; and
- Potential transactions.
Applicable promotional emails will include an unsubscribe mechanism.
72. Electronic Communications
Where permitted by law, you consent to receiving Website and transaction communications electronically.
This does not eliminate documents that applicable law requires to be delivered in a specified form or manner.
73. Privacy
Our handling of personal information is described in our Privacy Policy.
74. Independent Decision-Making
Selling fire-damaged real estate can have significant:
- Legal;
- Tax;
- Financial;
- Insurance;
- Construction;
- Environmental; and
- Personal consequences.
You may wish to consult:
- A Texas attorney;
- A licensed Texas real estate professional;
- A tax professional;
- An accountant;
- An insurance professional;
- A qualified contractor;
- A Texas-registered engineer;
- An environmental professional;
- An appraiser;
- A HUD-approved housing counselor; or
- Another qualified adviser.
75. No Professional Advice
Website content does not constitute individualized:
- Legal advice;
- Tax advice;
- Accounting advice;
- Financial advice;
- Insurance advice;
- Construction advice;
- Engineering advice;
- Environmental advice;
- Appraisal advice;
- Mortgage advice; or
- Foreclosure advice.
76. No Automatic Agency or Fiduciary Relationship
Use of the Website does not itself create:
- Seller agency;
- Buyer agency;
- A brokerage relationship;
- A fiduciary relationship;
- Partnership;
- Joint venture; or
- Employment.
Where a licensed Texas real estate professional participates, applicable brokerage and representation documents control.
77. Acceptable Use
You may not:
- Use the Website unlawfully;
- Submit fraudulent property leads;
- Knowingly provide materially false information;
- Impersonate another person;
- Submit property information without authority;
- Attempt unauthorized system access;
- Introduce malicious code;
- Circumvent Website security;
- Abuse Website forms;
- Interfere with Website operation; or
- Violate another person’s rights.
78. Intellectual Property
Unless otherwise stated, the Website and its original:
- Text;
- Branding;
- Graphics;
- Images;
- Designs;
- Layout; and
- Software
are owned by or licensed to I Buy Houses With Fire Damage Austin.
You may not commercially reproduce protected Website content without authorization.
79. Third-Party Websites and Services
We do not control or accept responsibility for independent third-party:
- Websites;
- Privacy practices;
- Content;
- Security;
- Products;
- Services;
- Representations; or
- Conduct.
80. Website Availability
We may modify, restrict, suspend, or discontinue Website features.
Continuous, uninterrupted, secure, or error-free availability is not guaranteed.
81. No Guarantee of Transaction
We do not guarantee:
- An offer;
- Appraised or fair-market-value pricing;
- A particular purchase price;
- A particular closing date;
- Successful assignment;
- Insurance recovery;
- Vacant possession;
- Completion of cleanup;
- Completion of repairs;
- Resolution of City code issues;
- Completion of a transaction; or
- A particular financial result.
82. Testimonials
Testimonials displayed on the Website describe individual reported experiences.
They do not guarantee that another seller will receive:
- The same offer;
- The same transaction timing;
- The same transaction structure; or
- The same outcome.
83. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
WE DISCLAIM WARRANTIES THAT MAY LAWFULLY BE DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF:
- MERCHANTABILITY;
- FITNESS FOR A PARTICULAR PURPOSE;
- TITLE; AND
- NON-INFRINGEMENT.
Nothing in these Terms eliminates rights that applicable law does not permit to be waived.
84. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I BUY HOUSES WITH FIRE DAMAGE AUSTIN AND ITS AFFILIATES, OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, SERVICE PROVIDERS, AND BUSINESS PARTNERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING SOLELY FROM WEBSITE USE.
OUR AGGREGATE LIABILITY FOR CLAIMS ARISING SOLELY FROM WEBSITE USE WILL NOT EXCEED $500, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Website-only limitation does not govern rights or liabilities under separately executed:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Equitable-interest disclosures;
- Foreclosure-consulting contracts;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents
unless those documents expressly provide otherwise and applicable law permits it.
85. Independent Third Parties
To the maximum extent permitted by law, we are not responsible for independent third-party:
- Representations;
- Pricing;
- Contracts;
- Professional services;
- Performance;
- Privacy practices; or
- Conduct.
Nothing in this provision eliminates liability that applicable law does not permit to be excluded.
86. Indemnification
To the extent permitted by law, you agree to indemnify I Buy Houses With Fire Damage Austin from claims arising from your:
- Unlawful Website use;
- Material breach of these Terms;
- Fraudulent information knowingly submitted;
- Information knowingly submitted without authority; or
- Violation of another person’s rights.
87. Governing Law
These Terms are governed by the laws of the State of Texas, except where another law must apply.
88. Venue and Disputes
Subject to mandatory jurisdiction, venue, consumer-protection, foreclosure, and transaction-specific requirements, proceedings arising solely from Website use may be brought in a court of competent jurisdiction in Texas.
These Website Terms do not impose mandatory arbitration.
A separately executed transaction agreement may contain different enforceable dispute provisions.
89. Non-Waivable Texas Rights
Nothing in these Terms waives rights that cannot legally be waived under applicable:
- Texas seller-disclosure law;
- Texas Real Estate License Act;
- Texas equitable-interest disclosure law;
- Texas Deceptive Trade Practices Act;
- Texas Data Privacy and Security Act;
- Texas security-breach law;
- Texas foreclosure-consulting law;
- Texas communications-interception law;
- Austin building and fire requirements;
- Federal mortgage-assistance rules;
- Federal lead-disclosure law; or
- Other applicable law.
90. Transaction Agreements Control
These Website Terms do not replace:
- Purchase agreements;
- Assignment agreements;
- Brokerage agreements;
- Seller’s Disclosure Notices;
- Equitable-interest disclosures;
- Foreclosure-consulting contracts;
- Title documents;
- Closing documents;
- Insurance-related agreements;
- Contractor agreements; or
- Other transaction-specific documents.
A separately executed transaction agreement governs that transaction to the extent enforceable.
91. Changes to These Terms
We may update these Terms periodically.
Updated Terms become effective when posted or on another identified effective date, subject to applicable law.
92. Severability
If a provision is invalid or unenforceable, it will be enforced to the maximum lawful extent or severed, and the remaining provisions will remain effective.
93. No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
94. Assignment
You may not assign these Website Terms without our written consent.
We may assign these Terms in connection with a merger, acquisition, financing, restructuring, affiliate reorganization, or sale of assets, subject to applicable law.
This provision does not determine whether a real estate purchase agreement may be assigned.
Assignment of a purchase agreement is governed by:
- The agreement itself;
- Texas contract law;
- Texas equitable-interest disclosure requirements;
- Texas real estate licensing law;
- Foreclosure-related restrictions; and
- Other applicable requirements.
95. Entire Agreement Regarding Website Use
These Terms and the Privacy Policy govern Website use.
They do not supersede separately executed real estate transaction documents.
96. Contact Us
Questions concerning these Terms may be directed to:
I Buy Houses With Fire Damage Austin
Austin, Texas
United States
Website: ibuyhouseswithfiredamageaustin.com